Avoiding America Invents Act Section 299 Via ITC

Law360, New York (October 19, 2011, 1:54 PM EDT) -- Section 299 of the America Invents Act dramatically changes the structure of patent litigation in district courts because under § 299 parties will no longer enjoy the economies of scale, consistency of claim construction and uniformity of damages calculations that follow from the resolution of one dispute in one proceeding.

Furthermore, plaintiffs will be severely circumscribed in their choice of venues. Yet, multidefendant litigation not only is still available at the International Trade Commission, it is actually encouraged because in an action in the ITC, any...